MZWQB & Anor v MIMIA

[2006] HCATrans 551

[2006] HCATrans 551

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M63 of 2006

B e t w e e n -

MZWQB AND MZWQC

Applicants

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 5 OCTOBER 2006, AT 9.17 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants are husband and wife.  They are citizens of India.  A delegate of the first respondent refused their application for a protection visa, which was based on the first applicant’s claim to fear persecution. 

The Refugee Review Tribunal affirmed the delegate’s decision.  It accepted that the first applicant would face a real chance of serious harm for failure to repay a large debt, but not for any Convention reason.

An application to the Federal Magistrates Court (O’Dwyer FM) for judicial review was dismissed on the ground that the Tribunal had not fallen into jurisdictional error.  The Federal Court of Australia (Kenny J) dismissed an appeal.

The applicants’ application for special leave to appeal to this Court does not establish that an appeal would have any chance of success.  It must be dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.18 AM THE MATTER WAS CONCLUDED